Risk Management and Compliance Flashcards

What is an 'EEOC right-to-sue letter'?

Answer: A notice issued by the EEOC authorizing the charging party to file a private lawsuit in federal court

After the EEOC completes its investigation or 180 days pass, the agency can issue a right-to-sue letter, which is a prerequisite for the charging party to bring a Title VII lawsuit.

What does 'negligent hiring' mean as an HR liability risk?

Answer: Employer liability for an employee's harmful acts when the employer knew or should have known of the risk

Negligent hiring holds employers responsible when they fail to conduct reasonable background checks and subsequently hire someone who harms others in a foreseeable way.

Which US law requires covered employers to provide unpaid, job-protected leave for qualifying family and medical reasons?

Answer: Family and Medical Leave Act (FMLA)

FMLA entitles eligible employees of covered employers (50+ employees) to up to 12 workweeks of unpaid, job-protected leave per year for qualifying family and medical events.

What is the purpose of a 'workplace investigation'?

Answer: To fact-find impartially when complaints of misconduct, harassment, or policy violations arise

Workplace investigations gather and evaluate evidence in response to employee complaints or suspected misconduct to determine what happened and recommend appropriate action.

What is 'employment practices liability insurance (EPLI)' designed to cover?

Answer: Claims of discrimination, harassment, wrongful termination, and other employment-related suits against the employer

EPLI protects employers from financial losses related to employment-related lawsuits, including allegations of discrimination, sexual harassment, and wrongful termination.

Under the Pregnancy Discrimination Act (PDA), employers must treat pregnant employees:

Answer: The same as other employees who are similar in their ability or inability to work

The PDA amended Title VII to require employers to treat pregnancy, childbirth, and related conditions the same as other temporary disabilities for all employment purposes.